Page:Ruffhead - The Statutes at Large - vol 6.djvu/554

 488 C. 11. . Anno decimo fexto Georgii II. A. D. 1743. ' within which the Royal Boroughs are fituate; which has been found by Experience to be attended with ' great Trouble and Expence to the faid Magiftrates and Counfellors;' Eor Remedy thereof, be it en- Manner of the *<^cd by the Authority aforefaid, That it fhall and may be lawful to the faid Magiftrates and Counfellors Magiftrates and to take and fubfcribe the Oath of Allegiance, fubfcribe the AiTurance, and take and fign the Oath of Ab- Counfeilois ta- juration, before the Council of their refpedtive Boroughs; and which Oaths the Chief Magistrate, or any king thefeveral or .her Magiftrate of the faid Boroughs refpedtively, is hereby impowered and required to adminifter; and Oaths. t jj e Q atns f taken, (hall be equal in all Refpedts as if they had been taken in the Courts, and before the Judges directed by the feveral Aits of Parliament above referred to. The Clerk r XXVI. And be it enabled by the Authority aforefaid, That at every Election of Commiffioners for fign the Commif- choofing Burgeffes for any Diftridt of Boroughs in that Part of Great Britain called Scotland, the common lion, and fix the Clerk of each Borough within the faid Diftridt, fhall make out a Commiffion to the Perfon chofen Com- s "' ° ( the Bo " miffioner by the major Part of the Magiftrates and Town Council alTembled for that Purpofe; which Ma- W5U - 6 ' giftrates and Town Council fliall take the Oath of Allegiance, and fign the fame with the AiTurance and fhall take all the other Oaths appointed to be taken at fuch Election, by this or any former Act if re- quired; and the faid Clerk fhall affix the common Seal of the Borough thereto, and fign fuch Commif- fion, and fliall not on any Pretence whatfoever make out a Commiffion for any Perfon as Commiffioner, other than him who is chofen by the Majority as aforefaid; and if any common Clerk of any Borough fhall negledt or refufe duly to make out and fign a Commiffion to the Commiffioner elected by the Majority as aforefaid, and affix the Seal of the Borough thereto; or if he fliall make o.tit and fign a Commiffion to any other Perfon who is not chofen by the Majority, or affix the common Seal of the Borough thereto; he fliall for every fuch Offence forfeit the Sum of five hundred Pounds Sterling to the Perfon elected Corr.miffioner for the faid Borough as aforefaid, to be recovered by him or his Executors in the Manner hereinafter diredted, and fhall alfo fuffer Imprifonment for the Space of fix Kalendar Months, and be for ever after difabled to hold or enjoy the faid Office of common Clerk of the faid Borough, as effectually as if he was naturally dead. Penalty on anj XXVII. And be it further enacted by the Authority aforefaid, That if any other Perfon who is not the Perfon acting as CO mmon Clerk of the Borough, fliall take upon himfelf to act as fuch in any Election of a Commiffioner kin^ouTtron"- f° r choofing a Burgefs for any Diftridt of Boroughs in that Part of Great Britain called Scotland, and fhall fuTtamm^ffionl make out a Commiffion for any other Perfon as Commiffioner, other than the Perfon who was chofen by the A<Iajority as aforefaid, and fhall fign or affix the common Seal of the Borough thereto; he fhall for every fuch Offence forfeit the Sum of five hundred Pounds Sterling, to the Perfon elected Commiffioner for the faid Borough as aforefaid, to be recovered by him or his Executors in the Manner herein after directed. ' XXVIII. And whereas by an Act palled in that Part of Great Britain called Scotland, the fifth Day of ' February in the Year one thoufand feven hundred and feven, intituled, AH fettling the Manner of eleSiing ' amongft other Things enacted, That where the Votes of the Commiffioners for the faid Boroughs met ' to choofe Reprefentatives from their feveral Diftridts to the Parliament of Great Britain, fhall be equal; ' in, that Cafe, the Prefident of the Meeting fhall have a calling or decifive Vote, and that by and attour ' his Vote as a Commiffioner from the Borough from which he is fent, but no Provifion is made in cafe ' of the Abfence of the Commiffioner from the prefiding Borough, or of his refufing to vote at fuch Elec- Who fliall act In c tion;' For Remedy thereof, be it enadted by the Authority aforefaid, That if the Commiffioner from Abfence of the th e prefiding Borough fhall be abfent from the Meeting of Commiffioners for choofing Surgeries to ferve prehding Com- j n p ar ]i arne nt, or fhall refufe to vote at fuch Election, the Commiffionef from the Borough which was the prefiding Borough at the laft Election; and if he alfo be abfent or fhall refufe to vote as aforefaid, the Commiffioner from the Borough which was the prefiding Borough at the Election immediately preceding the laft; and in cafe he fhall be likewife abfent or fhall refufe to vote as aforefaid, the Commiffioner from the Borough which was the laft prefiding Borough but two, fhall have in the aforefaid refpedtive Cafes, befides his own Vote, the calling or decifive Vote. NoObjection XXIX. And be it further declared by the Authority aforefaid, That it is no Objection to any Com- againit Non-re- miffioner for choofing a Burgefs. that he is not a Refidenter within the Borough bearing all portable fidents, &c Charges with his Neighbours, or that he is no trafficking Merchant therein, or that he is not in Poffeifion of any Burgage Lands or Houfes holding of the faid Borough, and that fuch Qualifications need not be engroffed in his Commiffion; any Law, Cuftom or Ufage to the contrary notwithstanding. What Votes (hall XXX. And be it further enadted by the Authority aforefaid, That at all Meetings of Commiffioners be Jlowed, f or cnoo f in g Burgeffes to ferve in Parliament, the common Clerk of the prefiding Borough fhall allow the Votes of fuch Perfons only who produce Commiffions authenticated by the Subfcription of the common Clerk, and the common Seal of the refpedtive Boroughs within the Diftridt, and fhall return to the She- riff or Steward the Perfon eledted by the major Part of the Commiffion<i*rs affembled, whofe Commiffions are authenticated as aforefaid; and if he neglect or refufe to return fuch Perfons fo eledted to the Sheriff or Steward, or if he fhall return to the Sheriff or Steward any Perfon other than him who is fo eledted, he fhall for every fuch Offence, inftead of the Penalty or Forfeiture to which he is made liable by the afore- Penahy. faid Adt made in the feventh Year of his prefent Majeity, forfeit the Sum of five hundred Pounds Sterling, to the Candidate eledted by the Majority of the Commiffioners affembled whofe Commiffions are au- thenticated as aforefaid; to be recovered by him or his Executors, in the Manner herein after directed, and he fhall alfo fuffer Imprifonment for the Space of fix Kalendar Months, and be for ever .after di fabled to hold or enjoy his faid Office of common Clerk of the faid prefiding Borough as if he was na- turally dead. XXXI. And
 * the fixteen Peers, and forty-five Commoners, to reprefent Scotland in the Parliament of Great Britain; it is